Keller suit ends in settlement

Wrongful-death case second of three claims against Palm Beach millionaire

February 13, 2008|By Nancy L. OthM-sn Staff Writer

A wrongful-death case against the estate of Palm Beach millionaire killer Fred Keller ended in the middle of the trial Tuesday with a settlement of nearly $6.4 million.

Attorneys for the estate of Rosemarie Keller, murdered by Fred Keller just days after a judge awarded her half of his real estate fortune in their divorce, had been trying for weeks to negotiate a settlement.

Last week, a jury awarded about $3.1 million to Rosemarie's brother Wolfgang Keil, 35, who was with Rosemarie during the business meeting in November 2003 when Fred Keller opened fire on the siblings. Keil suffered serious injuries and filed a personal-injury lawsuit against Fred Keller, asking jurors for more than $30 million.

Keller, 73, died in August while serving a life sentence in prison for first-degree murder and attempted first-degree murder. His fortune is estimated at $40 million to $60 million.

Beneficiaries to Rosemarie's estate and this settlement are her son Fredchen, who is a 70 percent beneficiary, and her mother, two sisters and two brothers, who each are 6 percent beneficiaries.

Attorney Stuart Grossman, who along with his partner Seth Miles negotiated the settlement, had argued that Rosemarie Keller, 34, could have earned as much as $37 million in her lifetime if she was successful in her real estate enterprise.

"She had no track record, unfortunately," Grossman said. "We're very, very pleased considering the fact we had no tax returns or track record to show what she could have accomplished. They came up with the right amount of money."

Circuit Judge Edward Garrison immediately approved the $6,370,000 settlement, bringing an end to the second of three lawsuits related to the shooting against Fred Keller. The wrongful-death claim filed on behalf of the couple's son is tentatively scheduled to begin Feb. 26.

After the verdict in Keil's case, which disappointed Keil and his attorneys, "the pressure was really on us," Grossman said. The fact that the settlement eclipsed the personal-injury verdict is "pretty wild," Grossman added.

Steven Rothman, who represents Fred Keller's estate, said the claim that Rosemarie Keller's earnings potential could have reached $37 million was "clearly excessive." A second damage model, which reduced that amount to $6.3 million, was "fair and reasonable under the evidence."

Nancy OthM-sn can be reached at nothon@sun-sentinel.com or 561-228-5502.